H. R. 5246

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend the Foreign Assistance Act of 1961 to make certain corrections relating

to international narcotics control activities, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘International Narcotics Control

Corrections Act of 1994’’.

TITLE I—INTERNATIONAL NARCOTICS

CONTROL

SEC. 101. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.

(a) USE OF HERBICIDES FOR AERIAL ERADICATION.—Section

481(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(d))

is amended—

(1) by striking paragraph (2); and

(2) by redesignating paragraphs (3) and (4) as paragraphs

(2) and (3), respectively.

(b) DEFINITIONS.—Section 481(e) of that Act (22 U.S.C. 2291(e))

is amended—

(1) in the matter preceding paragraph (1), by striking

‘‘Except as provided in sections 490 (h) and (i) with respect

to the definition of major illicit drug producing country and

major drug-transit country, for’’ and inserting ‘‘For’’;

(2) by amending paragraph (2) to read as follows:

‘‘(2) the term ‘major illicit drug producing country’ means

a country in which—

‘‘(A) 1,000 hectares or more of illicit opium poppy is

cultivated or harvested during a year;

‘‘(B) 1,000 hectares or more of illicit coca is cultivated

or harvested during a year; or

‘‘(C) 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President

determines that such illicit cannabis production does not

significantly affect the United States;’’;

(3) by striking ‘‘; and’’ at the end of paragraph (5);

(4) by redesignating paragraph (6) as paragraph (8); and

(5) by inserting after paragraph (5) the following new

paragraphs: ‘‘(6) the term ‘precursor chemical’ has the same meaning as the term ‘listed chemical’ has under paragraph (33) of section

102 of the Controlled Substances Act (21 U.S.C. 802(33));

‘‘(7) the term ‘major money laundering country’ means a

country whose financial institutions engage in currency transactions involving significant amounts of proceeds from interH. R. 5246—2

(c) ADVANCE NOTIFICATION OF TRANSFER OF SEIZED ASSETS.—

Section 482 of that Act (22 U.S.C. 2291a) is amended by adding

at the end the following new subsection:

‘‘(e) ADVANCE NOTIFICATION OF TRANSFER OF SEIZED ASSETS.—

The President shall notify the appropriate congressional committees

at least 10 days prior to any transfer by the United States Government to a foreign country for narcotics control purposes of any

property or funds seized by or otherwise forfeited to the United

States Government in connection with narcotics-related activity.’’.

(d) REALLOCATION OF FUNDS WITHHELD FROM COUNTRIES

WHICH FAIL TO TAKE ADEQUATE STEPS TO HALT ILLICIT DRUG

PRODUCTION OR TRAFFICKING.—Section 486 of that Act (22 U.S.C.

2291e) is amended—

(1) by striking ‘‘(a) ADDITIONAL ASSISTANCE FOR COUNTRIES

TAKING SIGNIFICANT STEPS.—’’;

(2) by striking ‘‘security assistance’’ in the matter preceding

paragraph (1) of subsection (a) and inserting ‘‘assistance under

this Act’’;

(3) in paragraph (2) of subsection (a)—

(A) in the heading, by striking ‘‘SECURITY’’ and inserting ‘‘OTHER’’; and

(B) by striking ‘‘security’’; and

(4) by striking subsection (b).

(e) PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.—Section 487(a)(1) of that Act (22 U.S.C. 2291f(a)(1)) is amended by

inserting ‘‘to’’ after ‘‘relating’’.

(f) REPORTING REQUIREMENTS.—

(1) IN GENERAL.—Section 489 of that Act (22 U.S.C. 2291h)

is amended—

(A) in the section heading, by striking ‘‘FOR FISCAL

YEARS 1993 AND 1994’’ and inserting ‘‘FOR FISCAL YEAR

1995’’;

(B) in subsection (a)—

(i) in the matter preceding paragraph (1), by striking ‘‘April 1’’ and inserting ‘‘March 1’’; and

(ii) in paragraph (3)—

(I) by striking subparagraph (B); and

(II) by redesignating subparagraphs (C) and

(D) as subparagraphs (B) and (C), respectively;

(C) by striking subsection (c);

(D) by redesignating subsection ‘‘(d)’’ as subsection ‘‘(c)’’;

and

(E) by amending subsection (c) (as redesignated) to

read as follows:

‘‘(c) EFFECTIVE DATE OF SECTIONS.—This section applies only

during fiscal year 1995. Section 489A does not apply during that

fiscal year.’’.

(2) CONFORMING AMENDMENT.—Section 489A of that Act

(22 U.S.C. 2291i) is amended in the section heading by striking

‘‘1994’’ and inserting ‘‘1995’’.

(g) ANNUAL CERTIFICATION PROCEDURES.—

(1) IN GENERAL.—Section 490 of that Act (22 U.S.C. 2291j)

is amended—

(A) in the section heading, by striking ‘‘FOR FISCAL

YEARS 1993 AND 1994’’ and inserting ‘‘FOR FISCAL YEAR

1995’’;
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(B) in subsection (a)(1), by striking ‘‘(as determined under subsection (h))’’;

(C) in subsection (a)(2), by striking ‘‘April 1’’ and insert- ing ‘‘March 1’’; (D) in subsection (c), by striking ‘‘that such country has taken adequate steps’’ and all that follows and inserting

‘‘that such country maintains licit production and stockpiles

at levels no higher than those consistent with licit market

demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into

the illicit markets and to prevent illicit cultivation and

production.’’; (E) in subsection (d), by striking ‘‘45’’ and inserting

‘‘30’’;

(F) in subsection (g)— (i) by striking ‘‘CONGRESSIONAL’’ and all that follows through ‘‘(1) SENATE.—’’ and inserting ‘‘SENATE

PROCEDURES.—’’; and

(ii) by striking paragraph (2); (G) in subsection (h)—

(i) in the heading, by striking ‘‘FOR FISCAL YEARS

1993 AND 1994’’; and

(ii) by striking ‘‘January 1’’ and inserting ‘‘Novem- ber 1’’; and

(H) by amending subsection (i) to read as follows: ‘‘(i) EFFECTIVE DATE OF SECTIONS.—This section applies only during fiscal year 1995. Section 490A does not apply during that

fiscal year.’’. (2) CONFORMING AMENDMENT.—Section 490A of that Act

(22 U.S.C. 2291k) is amended—

(A) in the section heading, by striking ‘‘1994’’ and inserting ‘‘1995’’; and

(B) in the heading of subsection (g), by striking ‘‘1994’’ and inserting ‘‘1995’’.

SEC. 102. CONFORMING AMENDMENTS TO OTHER LAWS.

(a) EXPORT-IMPORT BANK ACT.—Section 2(b)(6)(C)(ii) of the

Export-Import Bank Act of 1945 (22 U.S.C. 635(b)(6)(C)(ii)) is

amended by striking ‘‘determined under section 490(h) or 481(e),

as appropriate,’’ and inserting ‘‘defined in section 481(e)’’. (b) TITLE 18, U.S.C.—Section 981(i)(1)(C) of title 18, United

States Code, is amended by striking ‘‘paragraph (1)(A) of section

481(h)’’ and inserting ‘‘section 490(a)(1)’’. (c) TARIFF ACT OF 1930.—Section 616(c)(2)(C) of the Tariff

Act of 1930 (19 U.S.C. 1616a(c)(2)(C)) is amended by striking

‘‘481(h)’’ and inserting ‘‘490(b)’’. (d) CONTROLLED SUBSTANCES ACT.—Section 511(e)(1)(E) of the

Controlled Substances Act (21 U.S.C. 881(e)(1)(E)) is amended by

striking ‘‘481(h)’’ and inserting ‘‘490(b)’’.

SEC. 103. REPEAL OF OBSOLETE PROVISIONS.

(a) 1992 INTERNATIONAL NARCOTICS CONTROL ACT.—The International Narcotics Control Act of 1992 (Public Law 102–583) is

repealed.

(b) 1988 INTERNATIONAL NARCOTICS CONTROL ACT.—The International Narcotics Control Act of 1988 (which is title IV of the

Anti-Drug Abuse Act of 1988; Public Law 100–690) is repealed

except for the title heading and section 4702 (a) through (f).
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(c) 1986 INTERNATIONAL NARCOTICS CONTROL ACT.—The International Narcotics Control Act of 1986 (which is title II of the

Anti-Drug Abuse Act of 1986; Public Law 99–570) is repealed except

for the title heading and section 2018.

SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR FISCAL YEAR 1995 FROM PROHIBITION ON

ASSISTANCE FOR LAW ENFORCEMENT AGENCIES.

(a) EXEMPTION.—For fiscal year 1995, section 660 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect

to—

(1) transfers of excess defense articles under section 517

of that Act (22 U.S.C. 2321k);

(2) funds made available for the ‘‘Foreign Military Financing Program’’ under section 23 of the Arms Export Control

Act (22 U.S.C. 2763) that are used for assistance provided

for narcotics-related purposes; or

(3) international military education and training under

chapter 5 of part II of the Foreign Assistance Act of 1961

(22 U.S.C. 2347 and following) that is provided for narcoticsrelated purposes.

(b) NOTIFICATION TO CONGRESS.—At least 15 days before any

transfer under subsection (a)(1) or any obligation of funds under

subsection (a)(2) or (a)(3), the President shall notify the appropriate

congressional committees (as defined in section 481(e) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the

procedures applicable to reprogramming notifications under section

634A of that Act (22 U.S.C. 2394).

(c) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL

ASSISTANCE PROGRAM.—Assistance provided pursuant to this section shall be coordinated with international narcotics control assistance under chapter 8 of part 1 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2291 et seq.).

SEC. 105. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE.

For fiscal year 1995, narcotics-related assistance under part

I of the Foreign Assistance Act of 1961 may be provided notwithstanding any other provision of law that restricts assistance to

foreign countries (other than section 490(e) of that Act (22 U.S.C.

2291j(e)) if, at least 15 days before obligating funds for such assistance, the President notifies the appropriate congressional committees (as defined in section 481(e) of that Act (22 U.S.C. 2291(e))

in accordance with the procedures applicable to reprogramming

notifications under section 634A of that Act (22 U.S.C. 2394).

SEC. 106. AUTHORITY FOR ANTICRIME ASSISTANCE.

(a) POLICY.—International criminal activities, including international narcotics trafficking, money laundering, smuggling, and

corruption, endanger political and economic stability and democratic

development, and assistance for the prevention and suppression

of international criminal activities should be a priority for the

United States.

(b) AUTHORITY.—

(1) IN GENERAL.—For fiscal year 1995, the President is

authorized to furnish assistance to any country or international

organization, on such terms and conditions as he may deter-
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mine, for the prevention and suppression of international criminal activities.

(2) WAIVER OF PROHIBITION OF POLICE TRAINING.—Section

660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420)

shall not apply with respect to assistance furnished under

paragraph (1).

SEC. 107. ASSISTANCE TO DRUG TRAFFICKERS.

The President shall take all reasonable steps provided by law

to ensure that the immediate relatives of any individual described

in section 487(a) of the Foreign Assistance Act of 1961 (22 U.S.C.

2291f(a)), and the business partners of any such individual or

of any entity described in such section, are not permitted entry

into the United States, consistent with the provisions of the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

TITLE II—NATO PARTICIPATION ACT OF

1994

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘NATO Participation Act of

1994’’.

SEC. 202. SENSE OF THE CONGRESS.

It is the sense of the Congress that— (1) the leaders of the NATO member nations are to be

commended for reaffirming that NATO membership remains

open to Partnership for Peace countries emerging from communist domination and for welcoming eventual expansion of

NATO to include such countries;

(2) full and active participants in the Partnership for Peace

in a position to further the principles of the North Atlantic

Treaty and to contribute to the security of the North Atlantic

area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date, if such

participants—

(A) maintain their progress toward establishing democratic institutions, free market economies, civilian control

of their armed forces, and the rule of law; and

(B) remain committed to protecting the rights of all

their citizens and respecting the territorial integrity of

their neighbors;

(3) the United States, other NATO member nations, and

NATO itself should furnish appropriate assistance to facilitate

the transition to full NATO membership at an early date of

full and active participants in the Partnership for Peace; and

(4) in particular, Poland, Hungary, the Czech Republic,

and Slovakia have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law since the fall

of their previous communist governments.

SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO

NATO MEMBERSHIP.

(a) IN GENERAL.—The President may establish a program to

assist the transition to full NATO membership of Poland, Hungary,
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the Czech Republic, Slovakia, and other Partnership for Peace

countries emerging from communist domination designated pursuant to subsection (d).

(b) CONDUCT OF PROGRAM.—The program established under

subsection (a) shall facilitate the transition to full NATO membership of the countries described in such subsection by supporting

and encouraging, inter alia—

(1) joint planning, training, and military exercises with

NATO forces;

(2) greater interoperability of military equipment, air

defense systems, and command, control, and communications

systems; and

(3) conformity of military doctrine.

(c) TYPE OF ASSISTANCE.—In carrying out the program established under subsection (a), the President may provide to the countries described in such subsection the following types of security

assistance:

(1) The transfer of excess defense articles under section

516 of the Foreign Assistance Act of 1961, without regard

to the restrictions in paragraphs (1) through (3) of subsection

(a) of such section (relating to the eligibility of countries for

such articles under such section).

(2) The transfer of nonlethal excess defense articles under

section 519 of the Foreign Assistance Act of 1961, without

regard to the restriction in subsection (a) of such section (relating to the justification of the foreign military financing program

for the fiscal year in which a transfer is authorized).

(3) Assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training). (4) Assistance under section 23 of the Arms Export Control

Act (relating to the ‘‘Foreign Military Financing Program’’).

(d) DESIGNATION OF PARTNERSHIP FOR PEACE COUNTRIES

EMERGING FROM COMMUNIST DOMINATION.—The President may

designate countries emerging from communism and participating

in the Partnership for Peace, especially Poland, Hungary, the Czech

Republic, and Slovakia, to receive assistance under the program

established under subsection (a) if the President determines and

reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate

that such countries—

(1) are full and active participants in the Partnership for

Peace;

(2) have made significant progress toward establishing

democratic institutions, a free market economy, civilian control

of their armed forces, and the rule of law;

(3) are likely in the near future to be in a position to

further the principles of the North Atlantic Treaty and to

contribute to the security of the North Atlantic area; and
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(4) are not selling or transferring defense articles to a

state that has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State

under section 6(j) of the Export Administration Act of 1979.

(e) NOTIFICATION.—At least 15 days before designating any

country pursuant to subsection (d), the President shall notify the

appropriate congressional committees in accordance with the procedures applicable under section 634A of the Foreign Assistance Act

of 1961.

(f) DETERMINATION.—It is hereby determined that Poland, Hungary, the Czech Republic, and Slovakia meet the criteria required

in paragraphs (1), (2), and (3) of subsection (d).

SEC. 204. ADDITIONAL AUTHORITIES.

(a) ARMS EXPORT CONTROL ACT.—The President is authorized

to exercise the authority of sections 63 and 65 of the Arms Export

Control Act with respect to any country designated under section

203(d) of this title on the same basis authorized with respect to

NATO countries.

(b) OTHER NATO AUTHORITIES.—The President should designate any country designated under section 203(d) of this title

as eligible under sections 2350c and 2350f of title 10, United States

Code.

(c) SENSE OF CONGRESS.—It is the sense of Congress that,

in the interest of maintaining stability and promoting democracy

in Poland, Hungary, the Czech Republic, Slovakia, and any other

Partnership for Peace country designated under section 203(d) of

this title, those countries should be included in all activities under

section 2457 of title 10, United States Code, related to the increased

standardization and enhanced interoperability of equipment and

weapons systems, through coordinated training and procurement

activities, as well as other means, undertaken by the North Atlantic

Treaty Organization members and other allied countries.

SEC. 205. REPORTING REQUIREMENT.

The President shall include in the report required by section

514(a) of Public Law 103–236 (22 U.S.C. 1928 note) the following:

(1) A description of all assistance provided under the program established under section 203(a), or otherwise provided

by the United States Government to facilitate the transition

to full NATO membership of Poland, Hungary, the Czech

Republic, Slovakia, and other Partnership for Peace countries

emerging from communist domination designated pursuant to

section 203(d).
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(2) A description, on the basis of information received from

the recipients and from NATO, of all assistance provided by

other NATO member nations or NATO itself to facilitate the

transition to full NATO membership of Poland, Hungary, the

Czech Republic, Slovakia, and other Partnership for Peace countries emerging from communist domination designated pursuant to section 203(d).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.